If you have any confusion about whether you are or were in a de facto relationship, you should seek specialised legal advice and, if necessary, you can apply to a court for a determination. To determine whether you are in a de facto relationship, a court will consider a range of factors including:

• The duration of your relationship
• The nature and extent of your common residence
• Whether a sexual relationship exists
• The degree of financial dependence or interdependence and any arrangements for financial support between you and your former partner
• The ownership, use and acquisition of any property
• The degree of mutual commitment to a shared life
• Whether your relationship has been registered under the relevant State or Territory prescribed law
• The care and support of children
• The reputation and public aspects of your relationship.

Keep in mind that a court has a wide discretion to give weight to whichever circumstances it considers most relevant when determining whether a de facto relationship exists. Not all the factors described above need to be applicable.

It is important to note that you do not need to be living together on a full-time or part-time basis for a court to consider that you have a de-facto relationship. An individual can also be in multiple de facto relationships at once or in a de facto relationship whilst married to someone else.

When a de facto relationship ends you have similar legal rights to married couples in terms of arrangements for your property division (including a division or superannuation) and claiming financial support.

If you are unsure about anything, consult a family lawyer who can help you with advice regarding your personal circumstances.

No, you are free to settle arrangements directly with your former partner.

A lawyer can, however, be invaluable in navigating the separation, particularly if you need to help making decisions about caring for your children or how you will divide property. A lawyer can provide advice on your legal rights and responsibilities and help you negotiate arrangements with your former partner.

Before choosing your approach, consider the complexity of your situation and the communication dynamics between you and your former partner. An approach which is best for one relationship may not be appropriate or the best for another.

When a de facto relationship ends you can resolve disputes in several ways:

• by mutual agreement with your former partner without court involvement
• through a court-approved administrative agreement via a consent order
• through a formal contract known as a financial agreement, or
• you can apply to the court for property division or maintenance.

Among other things, a court will consider financial and non-financial contributions and future needs when determining a financial settlement. It may include an order for maintenance.

There are, however, certain conditions that must be met before you can apply to a court for property division or maintenance. These conditions include that:

• you were in a genuine de facto relationship with your former partner which has broken down
• you have a geographical connection to a participating jurisdiction

And, at least one of the following conditions must be met:

• the de facto relationship lasted a minimum of two years
• you have children with your partner
• a party to the de facto relationship made substantial contributions (a legal concept) to the relationship
• the relationship has been registered under the relevant State or Territory law.

Navigating a de facto relationship separation is challenging, and often the biggest concern for parents is their children’s wellbeing and their continuing involvement in the children’s lives.

Parents can establish arrangements they deem suitable for their children. If you are unable to agree arrangements with your former partner, you can apply to the court for a parenting order. The court will focus on determining what arrangements would be in the children’s best interests.

You have a time limit of two years from the date that your relationship ended to resolve your matter or start a court proceeding for a property division or maintenance claim against your former partner.